Mithun Pegu Vs the State of Assam and 9 Ors.

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GAHC010073292021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/2794/2021

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MITHUN PEGU

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S/O MONDANG PEGU, R/O VILL. KEKURI DADABARI, P.O. KEKURI PAMUA MIRI, DIST. LAKHIMPUR, ASSAM, PIN 787055

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VERSUS

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THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPTT., DISPUR, GUWAHATI 6

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2:THE DIRECTOR OF SECONDARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI 19

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3:THE STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN OFFICE OF THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI 19 ASSAM.

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4:THE DIST. SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN OFFICE OF THE DEPUTY COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR ASSAM PIN 787001

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5:THE INSPECTOR OF SCHOOLS

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LAKHIMPUR NORTH LAKHIMPUR ASSAM PIN 787001

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6:THE HEADMASTER CUM EX OFFICIO SECY.

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MALARAM PEGU HIGH SCHOOL VILL. KEKURI DODABARI P.O. KEKURI POMUA MIRI DIST. LAKHIMPUR ASSAM PIN 787055

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7:GIRINDRA PEGU

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HEADMASTER MALARAM PEGU HIGH SCHOOL VILL. KEKURI DODABARI P.O. KEKURI POMUA MIRI DIST. LAKHIMPUR ASSAM PIN 787055

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8:DIPANKAR PEGU

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S/O SRI DARAMSING PEGU VILL. KEKURI KOTHALGURI P.O. KEKURI POMUA MIRI DIST. LAKHIMPUR ASSAM PIN 787055

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9:HALIDHAR PEGU

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S/O LATE MASHIRAM PEGU EX SECY. OF THE SCHOOL MANAGING COMMITTEE MALARAM PEGU HIGH SCHOOL VILL. KEKURI KOTHLGURI P.O. KEKURI DODABARI DIST. LAKHIMPUR ASSAM PIN 787055

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10:SMTI PROTIVA KAMAN PEGU

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C/O PADMESWAR (UTTAM) PEGU PHOMOKI PHILA BORBARI

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GUWAHATI 36 (EX PRESIDENT/SECY. OF MALARAM PEGU HIGH SCHOOL MANAGING COMMITTEE AND HEADMASTER/SECY. MALARAM PEGU HIGH SCHOOL

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Advocate for the Petitioner : MS. M BARMAN, MS. A TALUKDAR,MS. P ADHIKARI,MR H I CHOUDHURY

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Advocate for the Respondent : GA, ASSAM, MS S A KHALIFA (r-10),MS. B. BANIA (r-10),MRS. K DEVI (R-7),MS S A KHALIFA (R-7),SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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09.06.2025

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Though this case has been listed under the column “Order No Steps”, considering the subject matter involved and as agreed to by the learned counsel for the parties, the same is taken up for disposal today itself, more so, when this matter is pending since the year, 2021.

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Without going deep into the merits of the dispute, the challenge in this writ petition is with regard to the provincialisation of the services of the respondent no. 8 in the Malaram Pegu High School in the district of Lakhimpur. It is the case of the petitioner that the said respondent no. 8 is junior to him both from the date of appointment as well as joining.

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I have heard Ms. A. Talukdar, learned counsel for the petitioner. I have also heard Shri P.K. Bora, learned Standing Counsel, Elementary Education Department; Ms. D. Das Barman, learned State Counsel for the official respondents and Ms. K. Devi, learned counsel for the respondent nos. 7 and 10.

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The learned counsel for the parties have however pointed out that the dispute

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which has been raised with regard to provincialisation is required to be adjudicated by the Educational Tribunal which has been constituted as per the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017.

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Ms. Talukdar, the learned counsel has placed before this Court a copy of the order dated 02.04.2024 passed in WP(C)/6674/2022 wherein a similar situation, the matter was remanded to the concerned Educational Tribunal.

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In view of the above, this Court is of the opinion that when a specialized Tribunal has been constituted in accordance with law which can go into the facts of the case, interest of justice would require remanding of this matter to the said Tribunal.

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Accordingly, the petitioner is granted liberty to file an appropriate appeal before the Educational Tribunal espousing her grievance and on such approach, the learned Tribunal shall decide the matter in accordance with law.

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It is made clear that while disposing of this writ petition, no opinion is expressed on the inter se merits of the parties involved. It is further made clear that since this matter was pending in this Court since the year, 2021, the aspect of limitation, if any, shall not be taken as a bar for such approach

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Writ petition accordingly stands disposed of.

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JUDGE

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Mithun Pegu v. the State of Assam and 9 Ors.

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Mithun Pegu v. the State of Assam and 9 Ors.

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